Stormwater Regulations

“The Solution to Pollution is Dilution”

The Clean Water Act

1972, 1977

… gave EPA the authority to implement pollution control programs and

... established the basic structure for regulating discharges of pollutants into the waters of the United States

The cornerstone of surface water qualityprotection in the United States …

National Pollutant Discharge Elimination

System

NPDES Permit:A permit issued by EPA (ADEQ) that authorizes the discharge of pollutants to the waters of the United States

Phase I Storm Water Regulations

Ten categories of industrial activity: Manufacturing facilities, mining operations,

disposal sites, recycling yards, transportation facilities, etc.

In 1990, EPA’s Storm Water Phase I program addressed storm water runoff from:

Category Nine (ix): Treatment works treating domestic sewage with a design flow of 1 million gallons a day or more

Phase I Storm Water Regulations

Ten categories of industrial activity

“Medium” and “ large” municipal separate storm sewer systems (MS4s) generally serving a population of 100,000 or more

In 1990, EPA’s Storm Water Phase I program addressed storm water runoff from:

Phase I Storm Water Regulations

Ten categories of industrial activity

“Medium” and “ large” municipal separate storm sewer systems (MS4s) generally serving a population of 100,000 or more

Construction activity disturbing 5 acres of land or greater

In 1990, EPA’s Storm Water Phase I program addressed storm water runoff from:

Phase II Storm Water Regulations

“Small” municipal separate storm sewer systems (MS4s) generally serving a population of 10,000 or more or “urbanized areas”

In 2003, EPA’s Storm Water Phase II program expanded the Phase I program by addressing stormwater runoff from:

Arkansas MS4 Cities and Counties

Phase II Storm Water Regulations

“Small” municipal separate storm sewer systems (MS4s) generally serving a population of 10,000 or more or “urbanized areas”

Construction activity disturbing 1-5 acres of land or greater

In 2003, EPA’s Storm Water Phase II program expanded the Phase I program by addressing stormwater runoff from:

Linear Construction Projects

Regulatory Authority Hierarchy

Clean Water Act(Congress)

Code of Federal Regulations(EPA)

NPDES Permits(Arkansas Department of Environmental Quality)

Policy and Guidance(local ordinances)

Remind me again…

What does this haveto do with me?!?

You are a member of a community that

depends on shared water resourcesCraighead Forest Lake

City Water & Light has a federally mandated stormwater NPDES permit that outlines

how it will manage its stormwater runoff at

the Jonesboro Westside Wastewater Treatment

Plant

Stormwater Program

Stormwater management is required

by federal and state laws

Failure to comply is a violation of the

Clean Water Act

Each violation of a particular requirementcan be the subject of a separate penalty

These can include civil and criminal penalties,punishable by fine and/or incarceration

$$$

Ultimately, you could be liable

in a 3rd party lawsuit

Now a bit more about industrial stormwater management…

Jamal Solaimanian, P.E. 501-682-0620 Engineering Supervisor

Amanda Gallagher 501-682-0621 Engineer

Jennifer Harmon 501-682-0627 Engineer

Nicholas Willis 501-682-0619 Engineer

Industrial Stormwater Permitting

Engineering Staff

Stormwater Discharges Associated With Industrial Activity

Stormwater discharges associated with an industrial activity as defined in 40 CFR 122.26(b)(14)(i) – (xi) are required to obtain coverage under the Industrial Stormwater General Permit ARR000000.

General Requirements of the

Industrial Stormwater General Permit

Who is Covered???Breaks down industries into sectors that are based on Standards Industrial Classification (SIC) code or by industry activity category…SECTOR R: SHIP AND BOAT BUILDING AND REPAIRING YARDS R1 3731, 3732 Ship and Boat Building or Repairing Yards SECTOR S: AIR TRANSPORTATION FACILITIES S1 4512-4581 Air Transportation Facilities SECTOR T: TREATMENT WORKS T1 TW Treatment Works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR Part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA

What does stormwaterpollution management meanfor Jonesboro City Water &

Light?

Stormwater Program Requirements

Apply for NPDES permit coverage

Develop a Stormwater Pollution Prevention Plan (SWPPP)

Implement the SWPPP using appropriate Best Management Practices (BMPs)

Develop measureable goals for the program

Evaluate and report effectiveness of the program

No Exposure ExclusionExists at an industrial facility when all industrial materials and activities are

protected from exposure to rain and/or runoff. Industrial materials or activities include, but are not limited to, material

handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or

waste products.

Scrap areas must either be cleaned up or covered.

Here is an option for cover

Dumpsters must either be covered or drain back to treatment

This dumpster drains back to treatment

Inspections

Perform comprehensive site evaluation and site inspection

annually

Exposure of Potential Pollutants

Spills and Leaks

Un-authorized Non-stormwater Discharges

Poor Housekeeping

Looking Forward…

The Department will notify all existing permittees via correspondence when the

appeal has been resolved.

Current PermitCurrent Industrial General Permit (IGP) Expired March 31, 2009

The Renewal Permit was issued June 30, 2009 with an effective date of July 1, 2009

The Renewal Permit was appealed by the Arkansas Environmental Federation on July 29, 2009 and thus stayed

Current Permit cont’d...

On March 26, 2010, the APCEC lifted the stay on the IGP per a Minute Order until a final decision was made on the appeal (62-page AR000000 permit and minute order.pdf)

The 2009 IGP became effective immediately, except for those sections that are the subject of the appeal

Alternative terms and conditions were applied in the place of the sections that remained stayed

Obtaining Renewal Permit Coverage for Existing Permittees

Within 180 days of the effective date of the Minute Order – September 26th, 2010:

Submit completed NOI and

Update SWPPP, as necessary, to comply with the requirements of renewal permit (do NOT submit SWPPP)

Stormwater Pollution Prevention Plan (SWPPP)

SWPPP must match the renewal permit

SWPPP Changes: Facility Information New Control Measure - Minimize

Exposure Sara Title 313 section has been

removed Format has been rearranged

www.adeq.state.ar.us

Find the NOI and

other forms in the Water Division web pages

Questions?

Questions?

Where to SubmitBy snail mail to:

General Permits SectionWater DivisionArkansas Department of Environmental

Quality 5301 Northshore DriveNorth Little Rock, AR 72118

or by electronic mail Complete documents must be submitted in Adobe Acrobat .pdf to: Water-permit-application@adeq.state.ar.us

Effluent Limitations Guidelines (ELGs) for Stormwater

Regulated Discharge 40 CFR Section

Runoff from material storage piles at cement manufacturing facilities Part 411, Subpart C

Runoff from phosphate fertilizer manufacturing facilities that comes into contact with any raw materials, finished product, byproducts or waste products (SIC 2874)

Part 418, Subpart A

Runoff from coal storage piles at steam electric generating facilities Part 423

Runoff from asphalt emulsion facilities Part 443, Subpart A

Additional facilities under the following ELG’s are now allowed to discharge under the Industrial Stormwater

Permit

Only one in

previous

permit

Not all ELG’s for Stormwater are included

Grab Sample – Annual Sampling

Permit Limitations – are enforceable

Effluent Limitations Guidelines (ELGs) for Stormwater

Parameter Benchmark Monitoring Requirements Parameter Benchmark

Monitoring Requirements Stormwater Sampling for 12 monitoring

categories of industries. SARA Title III Primary Metals Wood Treatment, etc.

Monitoring Frequency: Annually for Monitoring Categories 1-12

Reporting Period: January 1 - December 31 of a calendar year.

Similar Outfall What is a similar outfall?

similar effluents based on a consideration of industrial activity, significant materials and management practices, and activities within the area drained by the outfall.

The permittee may sample only the discharge point (outfall) with the highest concentration of pollutants, but must include documentation in SWPPP.

Sampling Procedures Measurable Storm Events - a storm

event that results in an actual discharge from the site that follows the preceding measurable storm event by at least 72 hours (3 days).

Grab Sample – must be taken within

the first 30 minutes of a discharge resulting from a measurable storm event. If it is not possible to collect the sample within the first 30 minutes of a measurable storm event, the sample must be collected as soon as practicable.

Adverse Weather Conditions

When adverse weather conditions prevent the collection of samples according to the relevant monitoring schedule, a sample can be taken

during the next qualifying storm event.

Parameter Benchmark ValuesSame as previous permit

Except for 6 Metals

CadmiumCopperLeadNickelSilverZinc

Discharge Monitoring Reports

Submit monitoring results obtained from the previous twelve (12) months on Discharge Monitoring Report (DMR) Forms

Reports are due by the 31st day of January each year for the previous January – December reporting period (i.e. January 31, 2011 for Year 2010)

Make sure DMR’s are signed by the proper official